CITY COUNCIL MEETING
MONDAY JUNE 28, 2004
PRESENT: Mayor Wayne Beer
Mayor Pro Tem Carol Rudi
Councilman Les Smith
Councilman Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Bill Cross
Mayor Wayne Beer opened the Regular June 28, 2004, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Wayne Beer led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR JUNE 14, 2004 CITY COUNCIL MEETING MINUTES.
Mayor Pro Tem Carol Rudi moved to approve the Regular June 14, 2004, City Council Meeting Minutes as presented. Councilman Joe Evans seconded the motion. The vote: All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 4a. on the Agenda. Mayor Wayne Beer read a PROCLAMATION recognizing REVEREND
ROBERT A. BAIER’S 25 years of service with
Item 4b. on the Agenda. Mayor Beer read a PROCLAMATION designating the month of July 2004 as “NATIONAL PARKS AND RECREATION MONTH”. Parks and Recreation Director Sheila Lillis accepted the proclamation.
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Mayor Pro Tem Carol Rudi asked that Resolution R-04-46 be removed from the Consent Agenda and placed on the Regular Agenda as Item 5a.
Councilman Les Smith moved to accept the Consent Agenda as amended. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
CONSENT AGENDA DETAIL:
Councilman Les Smith to adopt RESOLUTION NO.
R-04-43, accepting a Temporary Construction Easement from property owners
in conjunction with the
Councilman Les Smith moved to adopt RESOLUTION NO. R-04-44, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the Northeast 67th and Forest Storm Drainage Project #045033. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Les Smith moved to adopt RESOLUTION NO. R-04-45, authorizing acceptance of work under contract with UHL Engineering for the design of the NE 67th and North Forest Storm Water Improvements; and authorizing final payment in the amount of $702.50 for Project 025008. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Les Smith moved to approve the ANNUAL LIQUOR LICENSE RENEWALS for:
Kwik Shoppe, 7603 North Oak Trafficway, 7 day Package Liquor License
Aldi’s, 7604 North Oak Trafficway, 7 day Package Liquor License
Gladstone Mart, 7020 North Oak Trafficway, 7 day Package Liquor License
Gasmart, USA, Inc., 7303 North Oak Trafficway, 7 day Package Liquor License
Senor Tequila, 6502 North Oak Trafficway, Class A&B Liquor by the Drink License
Margarita’s, 7013 North Oak Trafficway, Class A&B Liquor by the Drink License
Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 5a. on the Agenda. RESOLUTION R-04-46, authorizing execution of a new retainer agreement between the City of Gladstone, Missouri and the law firm of Korein Tillery, and attorneys John Mulligan and Howard Paperner for legal services on behalf of the City in the Cellular Telephone Tax litigation pending in the Circuit Court of St. Louis County.
Mayor Pro Tem Carol Rudi moved to approve RESOLUTION R-04-46, authorizing
execution of a new retainer agreement between the City of Gladstone, Missouri
and the law firm of Korein Tillery, and attorneys John Mulligan and Howard
Paperner for legal services on behalf of the City in the Cellular Telephone Tax
litigation pending in the
Councilman Rudi requested a brief explanation as to the need for this agreement.
City Counselor Dave Ramsay
began by saying in December 2001,
Mr. Ramsay stated it was determined to be most cost effective and beneficial for the cities to enter into a contingent fee agreement, which would pay the attorneys only in the event of recovery to the extent of 25 percent of the amounts recovered. Recovery is being sought for five years immediately preceding December 31, 2001 through the date of whatever judgment is rendered. Several Request for Proposals were reviewed and the initial attorneys who were acting on our behalf, John Mulligan and Howard Paperner, recommended the law firm, Korein Tillery, to join them, because of the firm’s size, experience, and scope of its practice, particularly in class action and complex corporate type litigation.
Mr. Ramsay said the firm comes highly recommended, and as City Council is aware, this is a case that should generate continuing significant revenues for the City as people utilize cellular telephone service rather than land based telephone service into the future.
Mayor Beer stated it is the cellular telephone companies’ position that their services are not subject to taxation. As the cellular phone use becomes greater, landline telephone use becomes less, and our revenues are dropping. It is believed the taxes, which the cellular phones are not paying, are due to our city, and this is an effort to recover those taxes.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
John Ballou stated he was representing his mother who lives at 906 NE 75 Street. His mother is having a problem backing out of her driveway due to a recreational vehicle parked next door that blocks her view of oncoming traffic. The vehicle extends out into the street. His mother has talked to the City Code Enforcement staff and the Police Department, and has not been able to resolve this problem. Ms. Ballou phoned her insurance company to inquire if she would be liable if she caused an accident because she could not see the oncoming traffic due to the recreational vehicle. According to her insurance company, she would be liable if she caused an accident by backing out of her driveway without being able to see the traffic. Ms. Ballou is concerned about this.
Mr. Ballou shared with City Council members pictures of the recreational vehicle parked in the neighboring driveway, and of the sidewalk that has been damaged by the vehicle. The vehicle may be parked in the driveway anywhere from a day at a time to two or three days at a time. In that time frame, if she tries to back out of her driveway, she is at a total disadvantage and is putting her life in jeopardy as she cannot see oncoming traffic.
Councilman Les Smith explained the Council, about four weeks ago, began addressing this issue, which of course has two sides. As our community ages, there seems to be more motor homes or recreational type vehicles. From the pictures Mr. Ballou shared, there are some very expensive motor homes, and so the owners want to keep them close to their homes. That said, they are creating a hazard.
Councilman Smith stated an ordinance was passed that says these vehicles cannot extend over the sidewalk. That puts them on the street, and Public Safety officers say they are a danger parked on the streets. Councilman Smith said it is planned to compile a list of motor home owners and residents who have concerns as to where and how they are parked. These people will be invited to a meeting, where City Council members and City staff will be present, to address this issue and work towards finding a solution. Councilman Smith thanked Mr. Ballou for bringing his concerns forward at this meeting.
Assistant City Manager Scott Wingerson reported the meeting Councilman Smith mentioned is tentatively scheduled for August 2nd at 6:00 PM in City Hall. Mr. Wingerson stated he has Mr. Ballou’s name and address, and will be sure to notify him of the meeting.
Councilman Smith asked if Mr. Ballou’s neighbor has been cited.
Mr. Wingerson replied he is not aware of a citation, but he will check to see if a citation has been issued.
Councilman Smith asked Mr. Ballou or his mother, Ms. Ballou to call Mr. Wingerson the next time the vehicle is parked at the neighbor’s house. Councilman Smith informed Ms. Ballou she was also welcome to phone him and he would give her his phone number.
Donald Harper, 1606 NE 68 Terrace, stated he would like to speak on the same subject, and has spoken about it previously at a Council meeting. Mr. Harper said he felt a meeting was fine, but he sees only one solution. An ordinance was passed by City Council that says recreational vehicles cannot be parked over the sidewalk, and this is being repeatedly violated all around his home. Either the motor homes can be parked at homes or they need to be put in a storage unit. If a resident is violating a City ordinance, the ordinance needs to be enforced or if not, repealed. Mr. Harper stated he did not know how a meeting will help, as this issue has been going on for more than a month or two. Mr. Harper said he hopes the meeting is helpful and he does plan to be there.
Councilman Smith stated by getting people together, both sides of the issue may be better understood. A decision has to be made as to how to handle this concern. Both sides of the story need to be heard.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans thanked City staff for preparing a Memo, which provided an update on the MBW construction on North Antioch Road. Councilman Evans thanked City staff for keeping a watchful eye on this project. Councilman Evans stated he had another issue with the same firm at 70th and North Bellefontaine, and asked if the firm is in the process of obtaining a permit for the repairs at this address.
Mr. Wingerson replied, yes, the firm is in the process of obtaining a permit for that address.
Councilman Evans stated an issue has come to his attention seven or eight times in the last week, and he would like to state for public record, he still resides in the City of Gladstone. His address is 6737 North Askew, and his home telephone number is 455-6663. It has come to his attention a lot of people question he still lives in the community, and the answer is, yes, he still lives in the community. He has just relocated.
Councilman Les Smith stated the new Fire Station dedication was last Saturday, and the Mayor did a very good job thanking all who participated in the Fire Sales Tax, City staff, and all who made the new Fire Station possible. Councilman Smith said he would like to say to the voters of Gladstone, “delivered as promised.” The City has delivered a fire truck and a Fire Station, and will proceed with the “pay as we go” plan to the next item. City Council is to be commended for fulfilling their promises.
Councilman Smith stated this is the time of year to discuss right of way maintenance, and asked City Manager Kirk Davis to send someone to maintain the island in front of Mr. Whitton’s building at 72nd and North Broadway. There are weeds there that are almost chest high. The weeds are almost obscuring Mr. Whitton’s nice new building.
Councilman Smith asked if the billboard issue will be coming before City Council for consideration.
City Manager Kirk Davis replied it will be coming forward July 26, 2004, for discussion.
Councilman Smith stated it was discussed at the last meeting to install “No Parking” signs on North Grand, north of 72nd Street. Councilman Smith said he agreed with the City Manager’s request that this issue should be delayed a couple of weeks, so as to contact more of the neighbors in that area. Councilman Smith said he visited with the spokesperson for that block before he made the recommendation, but he agrees with going through the process to contact the other neighbors.
Councilman Smith stated we are in the planning stages for a meeting of the Northland Mayors to discuss the Bi-State issue. Prior to that meeting, a visit will be made to the Clay County Commission, to invite them to the meeting. Hopefully there will be a large turn-out for the Northland Mayors’ meeting.
Mayor Pro Tem Rudi stated she also appreciated the ceremony at the new Fire Station. It was very nice. Councilman Rudi said that Public Works Director Andy Noll reported the deflectors for the lights at the Water Treatment Plant are scheduled to be here tomorrow. Councilman Rudi stated the Northland Symphony Orchestra performed at Oak Grove Park, with Mayor Beer narrating each musical piece. Mayor Beer did a great job and it was a very nice evening. Councilman Rudi asked Parks and Recreation Director Sheila Lillis to provide a report on upcoming events at the Gladstone Amphitheatre.
Parks and Recreation Sheila Lillis reported the July 4th celebration will be this Sunday, with the band concert beginning at 8:30 PM. Fireworks will begin at 9:45 PM. The Unsinkable Molly Brown, Theatre in the Park performance will be July 9th, 10th, and 11th, at 8:30 PM. The granddaughter of Molly Brown, who lives in Leavenworth, will introduce each of the shows. The Mame, Theatre in the Park performance is scheduled for August 6th,7th, and 8th, at 8:30 PM. Ms. Lillis concluded by saying Mayor Beer officially opened the new slide, today, at the municipal pool.
Mayor Pro Tem Rudi inquired into the recent extended brush pick up, asking how it was progressing, and what is left to collect.
Public Works Director Andy Noll reported there have been quite a large number of people taking advantage of this event, and the pile of brush has recently doubled. Residents may continue to drop off brush at the Public Works building this week, Wednesday, Thursday and Friday, from 7:00 AM to 5:00 PM.
Councilman Smith introduced a Boy Scout that was visiting the meeting, and asked him to introduce himself.
Neal Williams, 5236 North Baltimore, said he is a member of Boy Scout Troop 301, from First Christian Church. He is a Star Scout, and is a Freshman at North Kansas City High School. Mr. Williams currently holds the rank of Foxman in the Tribe of Mic-O-Say, and will be going to Camp Osceola to work on the rank of Brave. Mr. Williams attended tonight’s meeting to fulfill an obligation for his Citizenship in the Community merit badge.
Mayor Beer stated he is a retiree from North Kansas City School District and taught at North Kansas City High School a number of years. Mayor Beer said he feels Mr. Williams will enjoy being a student at North Kansas City High School.
Councilman Evans stated his is Warrior in the Tribe of Mic-O-Say and is an Eagle Scout, and commended Mr. Williams on his efforts.
Mayor Wayne Beer stated he wished to echo the sentiments of other Council members in that the Fire Station dedication this past weekend was just another illustration of promises made and promises kept by the City of Gladstone in keeping with the mandates and wishes of the citizens of Gladstone. There is one more issue to deal with in regard to the ¼ cent Fire Sales Tax. Because this is a “pay as we go” issue, a little time needs to transpire before work begins on this project, which is the renovation of the Public Safety Department area at City Hall.
Mayor Beer encouraged all to attend the July 4th Celebration at Oak Grove Park. It is always a great event, with great fireworks and music.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported City offices will be closed on Monday, July 5th, recognizing the 4th of July holiday. City Manager Davis thanked everyone who attended the Fire Station dedication, as well as those who worked to make it possible. It is a nice facility and it was a nice event. City Manager Davis said, as Councilman Smith noted, the 4th of July is a busy time for the Public Safety Department, both in the Fire Division and the Police Division. It is anticipated there will be full staffing and similar enforcement procedures that were put in place last year. Hopefully this will be a safe event and safe holiday weekend.
Item 9. on the Agenda. RESOLUTION NO. R-04-47, authorizing execution of a contract with Kansas City Area Transportation Authority to provide public transportation serving Gladstone residents for the period July 1, 2004 through June 30, 2005 for a total Gladstone Local Share not to exceed $22,464 from the Transportation Sales Tax Fund.
Councilman Les Smith to adopt RESOLUTION NO. R-04-47, authorizing execution of a contract with Kansas City Area Transportation Authority to provide public transportation serving Gladstone residents for the period July 1, 2004 through June 30, 2005 for a total Gladstone Local Share not to exceed $22,464 from the Transportation Sales Tax Fund. Councilman Joe Evans seconded.
Mayor Pro Tem Rudi stated this contract has always been of concern to her because of the amount of money that is involved. Councilman Rudi said she has seen a lot of activity with Kansas City passing a sales tax to support this issue. A citizen made a point to her regarding public transportation that Councilman Rudi had not previously considered, which has greatly changed her opinion on this issue. The point the citizen made is that public transportation is an important component to economic development in the City of Gladstone. Councilman Rudi said no one had pointed that out to her before.
Councilman Rudi said it still concerns her in regard to the amount of money that the City spends based on the number of people who utilize this means of transportation, and she would like to see some improvement in the sharing of costs with the riders. Councilman Rudi would also like to see additional publication as to the availability of this service. Aside from these issues, Councilman Rudi is in favor of executing this contract, and will be voting in favor of this resolution.
Mayor Beer pointed out there are 16,000+ riders in the year from Gladstone. While that is not a huge number, these are 16,000 rides that are necessary to our citizens. One of the City’s responsibilities is to provide reasonable services to citizens that they cannot provide for themselves. Mayor Beer stated he will also be voting in favor of this resolution.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 10. on the Agenda. PUBLIC HEARING on a request for a Site Plan Revision on property located at 6402-B North Antioch Road, Meadowbrook Shopping Center. Applicant: Meadowbrook Village, LLC. Owner: Meadow Village Shopping Center. (File #1224).
AUDIENCE NOTE: Applicant has withdrawn this request, therefore no Public Hearing will be held.
Mayor Beer opened the Public Hearing, and announced as the applicant has withdrawn his request, the Public Hearing was immediately closed.
Item 11. on the Agenda. FIRST READING BILL 04-32, an annual ordinance establishing a procedure for certain Gladstone Municipal Officials to disclose potential conflicts of interest and comply with the personal financial disclosure requirements pursuant to the State of Missouri “Ethics Law”.
Councilman Joe Evans moved to place Bill 04-32 on First Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First Reading of Bill 04-32 Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the Second and Final Reading of Bill 04-32 and enact the Bill as Ordinance 3.923. Mayor Pro Tem Carol Rudi seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Item 14. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 15. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no comments from the News Media.
Item 16. on the Agenda. ADJOURNMENT.
Mayor Pro Tem Carol Rudi moved to adjourn the Regular June 28, 2004, City Council meeting. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Wayne Beer